APPLICATION FOR ENCROACHMENT PERMIT CITY OF MT. SHASTA

Initial Fee: $180.52 ** 305 NO. MT. SHASTA BLVD. MT. SHASTA, CA 96067 **additional fees may apply once application has been processed

DATE: (PLEASE PRINT)

The undersigned hereby applies for permission to excavate, construct and or otherwise encroach on City right of way by performing the following work or placing the following items:

Any work must be marked in the field with conspicuous stakes and flags readily visible from the City Street. Mark on the stakes to identify the applicant. The site must be identified to obtain a permit. The work is located at ______________________________approximately_______________feet from Intersection street _________________________. Assessors parcel No._________________________. The estimated project valuation is $____________________________. Detailed plans must be submitted with this application. Design plans signed by a licensed engineer may be required by the Director of Public Works. A building permit may be required, check at City Hall. The encroachment permit if issued, is issued in accordance with Section 1460 of the Streets and Highways Code and no warranty is made or implied with regard to the ownership of the underlying fee title to the real property involved. If the described work will encroach onto any property beyond the City right of way, the applicant will need to secure written permission from the abutting property owner. The applicant in signing this application agrees to do the described work in accordance with City adopted construction standards and regulations. The signature of the application will serve to indicate and acknowledge that the applicant has read and does understand the provisions set forth herein, and upon affixing said signature, does agree to conform and comply with these requirements, including the attached General Provisions, and specific provisions if added to the permit. The applicant further agrees that no work shall proceed until applicant has provided the City with an endorsement of applicants general liability insurance policy naming the City of Mt. Shasta, its agents, and employees as additional insureds for this work.

THIS IS AN APPLICATION ONLY No work shall start until a Permit is Issued

Please Print Contractors Name License # Owners Name ____________________________________________ _______________________________________ Signature of Contractor Signature of Owner ____________________________________________ _______________________________________ Street Address Street Address ____________________________________________ _______________________________________ City, State, Zip Code City, State, Zip Code ____________________________________________ _______________________________________ Telephone Fax Telephone Fax

PLEASE SEE INSTRUCTIONS FOR COMPLETING THIS APPLICATION ON THE REVERSE

ENCROACHMENT PERMIT APPLICATION INSTRUCTIONS

1. Thoroughly read the Encroachment Permit General Provisions and the Special Conditions

Encroachment Permits Utility Trenching information provided.

2. Complete the Application for Encroachment Permit. On a separate sheet, provide a

Pedestrian Control Plan and a Traffic Control Plan, if applicable. Pedestrian Control

Plans shall provide a clearly delineated, safe passageway for pedestrians to travel around

the work site. Traffic and Pedestrian Control Plans shall be in conformance with Caltrans

Standard Specifications Section 7-1.08, 7-1.09, and Section 12 and the Manual of Traffic

Controls, Caltrans.

3. The property owner’s signature is required on the application. Contractor

information and signature must also be included.

4. Obtain from your insurance company a Certificate of Liability Insurance with

General Liability of at least $2,000,000 for each occurrence and $4,000,000

aggregate. Your insurance must also include an attached endorsement naming the

City of Mt. Shasta as an Additional Insured, for which the insurance underwriter effects a

change in the policy. The wording, “For projects in the City of Mt. Shasta” must be

included on the Certificate of Liability.

5. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

6. Workers’ Compensation – as required by the State of California, with a limit of no less

than $1,000,000 per accident for bodily injury or disease.

7. Deliver or mail your completed and signed form, along with the Certificate of Liability

Insurance and Endorsement, to City Hall at 305 N. Mt. Shasta Boulevard, Mt. Shasta,

California. 96067.

8. Include with the application documents a payment to the City of Mt. Shasta for

$180.52, which is the minimum deposit amount required. Depending upon the project,

additional fees may apply. You will be advised at the time the permit is approved.

9. The Public Works Director will review the application. You will be notified if there is

additional information required by the Public Works Director, and/or when the permit is

approved. No encroachment on a public right-of-way or on City property shall begin

without first obtaining an approved Encroachment Permit.

NOTE: You should allow two (2) weeks for this process; however, the timeframe will depend

upon the complexity and size of the project.

CERTIFICATE OF LIABILITY INSURANCE DATE 7/20/2010

PRODUCER

Business Owner’s Insurance Company THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

INSURERS AFFORDING COVERAGE

INSURED

Business Owner 405 S. Mt. Shasta Blvd. Mt. Shasta, CA 96067

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY) LIMITS

GENERAL LIABILITY 1CG50274B05 EACH OCCURRENCE $1000000

x COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $100000

CLAIMS MADE x OCCUR MED EXPENSE (Any one person) $5000

x Owners & Contractors Prot

PERSONAL & ADV INJURY $1000000

_______________________________ GENERAL AGGREGATE $2000000

GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000

POLICY PROJECT LOC

AUTOMOBILE LIABILITY

1CA50274705

COMBINED SINGLE LIMIT (Ea accident)

$

x ANY AUTO $

ALL OWNED AUTOS BODILY INJURY (Per person)

$

SCHEDULED AUTOS $

x HIRED AUTOS BODILY INJURY (Per accident)

$

x NON-OWNED AUTOS $

_______________________________ PROPERTY DAMAGE (Per accident)

$

$

GARAGE LIABILITY

AUTO ONLY–EA ACCIDENT $

ANY AUTO OTHER THAN AUTO ONLY:

EA ACC $

AGG $

EXCESS LIABILITY

EACH OCCURRENC

OCCUR CLAIMS MADE AGGREGATE

$

DEDUCTIBLE $

RETENTION $

WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY

1CW50274B05

WC STATUTORY LIMITS OTHER

E.L. EACH ACCIDENT $100000

E.L. DISEASE – EA EMPLOYEE $100000

E.L. DISEASE – POLICY LIMIT $100000

OTHER *10 Days Notice for Non-Pay

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS

RE: ENCROACHMENT PERMIT. CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED, ON A

PRIMARY BASIS, PER THE ATTACHED ENDORSEMENT.

CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: ____ CANCELLATION

CITY OF MT. SHASTA

305 NORTH MOUNT SHASTA BLVD.

MT. SHASTA CA 96067

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL

_30_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON

THE INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

ENCROACHMENT PERMIT

GENERAL PROVISIONS

1. Authority and Definition: This permit is issued under authority of Ordinance 96-03 of the

City of Mt. Shasta. The term encroachment is used in this permit as defined in Chapter 6 of

Division 2 of the Streets and Highways Code of the State of California.

2. Revocation: Except as provided by law for public corporations, franchise holders and

utilities, this permit is revocable at any time. These General Provisions and any Special

Provisions are subject to modification or abrogation at any time.

3. Assignment: No party other than the Permittee or permittee’s authorized agent is allowed to

work under this permit.

4. Acceptance of Provisions: It is understood and agreed by the Permittee that the performance

of any work under this permit shall constitute acceptance of the provisions and all

attachments to this permit.

5. Prior Right: It is understood and agreed that the City has a prior right to the use of its rights

of way.

6. Notice Prior to Starting Work: Before starting work on a project where an inspector is

required, or whenever stated on the face of the permit, the Permittee shall notify the Director

of Public Works or other designated employee of the City. Such notice shall be given at least

three days in advance of the date work is to begin.

7. Permission from Property Owners: Whenever necessary to secure permission from abutting

property owners, such authority must be secured by the Permittee prior to starting work or

setting any displays or sidewalk signs.

8. Permits from other Agencies: This permit shall be revoked if the Permittee has not obtained

all permits necessary and required by law, from the Public Utilities Commission of the State

of California (PUC), California Occupational Safety and Health Administration (CAL-

OSHA), or any other public agency having jurisdiction.

9. Keep Permit on the Job: The issued permit shall be kept at the work/job site.

10. Supervision: All the work shall be done subject to the monitoring of, and to the approval and

acceptance of, the Director of Public Works.

11. Standards of Construction: All work shall conform to recognized standards of construction.

12. Permittee shall ensure that placement of item(s) in the City right-of-way must, at all times,

maintain a minimum of four feet (4’) of clear passage on the public sidewalk. Overhead

clearance of at least seven feet six inches (7’6”) must be maintained above all sidewalks or

surfaces.

13. Permittee shall ensure that all encroaching items are removed whenever snow removal

operations are in progress or pending.

14. Protection of Traffic: The Permittee shall cause to be placed, erected, and maintained all

warning signals, lights, barricades, signs, and other devices or measures essential to

safeguard travel by the general public over and at the work site authorized herein.

15. Pedestrian and Bicycle Safety: A safe minimum passageway of four (4) feet shall be

maintained through the area where pedestrian or bicycle facilities are existing. At no time

shall pedestrians be diverted onto a portion of the street in use for vehicular traffic.

16. Minimum Interference with Traffic: All work shall be planned and carried out so that there

will be the least possible inconvenience to the traveling public – traffic shall not be

unreasonably delayed.

17. Clean Up Right of Way: The Permittee shall, at all times, during the progress of the work

keep the roadway in as neat and clean a condition as is possible and upon completion of the

work granted herein, shall leave the right of way in a thoroughly neat, clean, and usable

condition.

18. Storage of Material: No matter shall be stored within eight (8) feet from the edge of

pavement or traveled way.

19. Borrow and Waste: Only such borrow and waste will be permitted and within the limits as

set forth on the face of this permit.

20. Care of Drainage: If the work contemplated shall interfere with the established drainage,

ample provision shall be made by the Permittee to provide for it as may be directed by the

Director of Public Works. All City cross drains shall be tunneled under without damage to

the cross drains.

21. Future Moving of Installation: It is understood by Permittee that whenever construction,

reconstruction or maintenance work on the right of way may require, the installation

provided for herein shall, upon request of the City, be immediately moved by, and at the sole

expense of, the Permittee.

22. Making Repairs: If the City shall so elect, repairs to paving which has been disturbed shall

be made by its employees and the expenses thereof shall be borne by the Permittee, who shall

purchase and deliver on the roadway the materials necessary for said work as directed by the

Director of Public Works. All payments to laborers, inspectors, etc., employed by the City

for, or on account of, the permitted work contemplated, shall be made by said Permittee upon

receipt of written statement approved by the Director of Public Works. The City may elect to

require a deposit before starting repairs, in an amount sufficient to cover the estimated cost of

the repairs.

23. Permittee shall endorse the City of Mt. Shasta as a named additional insured on their

comprehensive general liability insurance policy with limits of no less than $500,000 prior to

permit validation. Applicant shall provide proof of liability insurance and naming of

additional insured in the form of a certificate of insurance to the City of Mt. Shasta, with the

insurance endorsement Appendix B or similar form showing the change has been

underwritten, before placing item(s) in public street/sidewalk right-of-way.

24. Responsibility for Damage: The City of Mt. Shasta and all officers and employees thereof,

including but not limited to the City Manager and the Director of Public Works, shall not be

answerable or accountable in any manner for injury to or death of any person, including but

not limited to the permittee, persons employed by the permittee, persons acting on behalf of

the permittee, or for damage to property from any cause. The permittee shall be responsible

for any liability imposed by law and for injuries to or death of any person, including but not

limited to the permittee, persons employed by the permittee, persons acting on behalf of the

permittee, or for damage to property arising out of work, or other activity permitted and done

by the permittee under a permit, or arising out of the failure on the permittee’s part to

perform his obligations under any permit in respect to maintenance or any other obligations,

or resulting from defects or obstructions, or from any cause whatsoever during the progress

of the work, or other activity or at any subsequent time work or other activity is being

performed under the obligations provided by and contemplated by the permit.

The permittee shall indemnify and hold harmless the City of Mt. Shasta, all officers,

employees, and contractors, thereof, from all claims, suits or actions of every name, kind and

description brought for or on account of injuries to or death of any person, including but not

limited to the permittee, persons employed by the permittee, persons acting on behalf of the

permittee and the public, or damage to property resulting from the performance of work or

other activity under the permit, or arising out of the failure on the permittee’s part to perform

his obligations under any permit in respect to maintenance or any other obligations, or

resulting from defects or obstructions, or from any cause whatsoever during the progress of

the work, or other activity or at any subsequent time work or other activity is being

performed under the obligations provided by and contemplated by the permit; except as

otherwise provided by statute. The duty of the permittee to indemnify and hold harmless

includes the duties to defend as set forth in Section 2778 of the Civil Code. The permittee

waives any and all rights to any type of expressed or implied indemnity against the City, its

officers, employees, and contractors. It is the intent of the parties that the permittee will

indemnify and hold harmless the City, its officers, employees, and contractors, from any and

all claims, suits or actions as set forth above regardless of the existence of degree of fault or

negligence, whether active or passive, primary or secondary, on the part of the City, the

permittee, persons employed by the permittee, or acting on behalf of the permittee.

For purposes of this section, “contractors” shall include contractors and subcontractors under

contract to the City of Mt. Shasta performing work within the limits of this permit.

25. Cost of Work: Unless stated in the permit, or separate written agreement, all costs incurred

for work within the City rights of way pursuant to this encroachment permit shall be borne

entirely by the Permittee. Permittee hereby waives all claims for indemnification or

contribution from the City for any such work.

26. Maintenance: The Permittee agrees to exercise reasonable care to properly maintain this

encroachment and to exercise reasonable care in inspecting for and immediately repairing

and making good any injury to any portion of the roadway which occurs as a result of the

maintenance of the encroachment in the roadway or as a result of the work done under this

permit, including any and all injury to the roadway which would not have occurred had such

work not been done or such encroachment not placed therein. Maintenance shall include, but

not be limited to, cleaning and keeping free from debris all structures included as a part of

this encroachment.

27. Restoration: All pavement, curb, gutter, sidewalk, borrow ditches, pipes, headwalls, road

signs, trees, shrubbery, and/or other permanent road facilities impaired by or as a result of

construction operations at the construction site, or at other ground occupied by materials

and/or equipment, shall be restored immediately to a condition as good as or better than

existed prior to the construction.

28. Archaeological: Should any archaeological resources be revealed in the work vicinity, the

permittee is responsible for notifying the Department’s Representative immediately, retaining

a qualified archaeologist who shall evaluate the archaeological site and make

recommendations to the Department Representative regarding the continuance of work.

29. No Precedent Established: This permit is issued with the understanding that it does not

establish a precedent of any kind.

30. The City will not be held responsible for any damage to any underground or other facilities

that have been caused during the course of the City’s normal maintenance procedures. The

City will not assume any responsibility, at any time, should any provisions of this permit not

be complied with.

31. City may impose conditions on the granting of a permit, the performance of which would be

required of the Permittee by the City.

32. Permittee agrees that failure to comply with these conditions will result in cancellation of the

event or removal of the item(s) by the City and waives any damages whether actual or

economic.

SPECIAL CONDITIONS

ENCROACHMENT PERMITS

UTILITY TRENCHING

33. Roadway Surfacing and Base Materials: When the permit authorizes installation by the open

cut method, surfacing and base materials and thickness thereof shall be as specified in the

permit, or at a minimum two (2) inches of AC pavement over six (6) inches of Cal-Trans

Class 2 AB.

Temporary repairs to pavements shall be made and maintained upon completion of backfill

until permanent repairs are made. Permanent repairs to pavements shall be made within

thirty (30) days of completion of backfill unless otherwise specified by the City. Temporary

pavement patches shall be placed and maintained in a smooth riding plane free of humps or

depressions.

34. Crossing Roadway: Service and other small diameter pipes shall be jacked or otherwise

forced underneath pavement, without disturbing it. Pavement or roadway shall not be cut

unless specifically permitted on the face thereof. Service pipes will not be permitted inside

of culverts used as drainage structures.

35. Depth of Pipes: There shall be a minimum of 36 inches of cover over all pipes or conduits.

36. Detector Strip: A continuous metallic detector strip shall be provided with non-metallic main

installations. Service connections shall be installed at right angles to the centerline of the

roadway when possible.

37. Installation by Open Cut Method: When the permit authorizes installation by the open-cut

method, no more than one lane of the highway pavement shall be open-cut at any one time.

Any exceptions shall be in writing by the Director of Public Works. After the pipe is placed

in the open section, the trench is to be backfilled in accordance with specifications,

temporary repairs made to the surfacing and that portion opened to traffic before the

pavement is cut for the next section. If, at the end of the working day, backfilling operations

have not been properly completed, steel bridging shall be required to make the entire

roadway facility available to the traveling public, unless otherwise authorized by the Director

of Public Works. The pavement shall be cold planed to a depth equal to the thickness of the

plating and to a width and length equal to the plating dimensions.

38. Pavement Removal: PCC pavement to be removed shall be saw cut to a minimum depth of

10.16 centimeters (4”) to provide a neat and straight pavement break along both sides of

trench. AC pavement shall be saw cut to the full depth.

Where the edge of the trench is within 0.60 meters (2”) of existing curb and gutter or

pavement edge, the asphalt concrete pavement between the trench and the curb or pavement

edge shall be removed.

39. Backfilling: All excavations shall be backfilled and mechanically compacted immediately

after work therein has been completed. No portion of the excavation shall be compacted by

ponding or jetting. Backfilling materials shall comply with California Department of

Transportation Standard Specifications.

40. Sides of Open-Cut Trenches: Sides of open-cut trenches in paved areas shall be kept as

nearly vertical as possible. Trenches shall not be more than 0.60 meters (2”) wider than the

outside diameter of the pipe to be laid therein, plus the width to accommodate shoring.

41. Excavation Under Facilities: Where it is necessary to excavate under existing curb and gutter,

or underground facilities, the void shall be backfilled with two (2) sacks cement-sand slurry.

42. Permanent Repairs to PCC Pavement: Repairs to PCC pavement shall be made of Portland

cement concrete containing a minimum of 298.46 kg (7-sack) of cement per cubic yard.

Replacement PCC pavement shall equal existing pavement thickness. The concrete shall be

satisfactorily cured and protected from disturbance for not less than 48 hours. Where

necessary to open the area to traffic, no more than two (2%) percent by weight of calcium

chloride may be added to the mix and the road opened to traffic after six (6) hours.

43. Removal of PCC Sidewalks or Curbs: Concrete sidewalks or curbs shall be saw cut to the

nearest score marks and replaced equal in dimension to that removed with score marks

matching existing adjacent sidewalk or curb.

44. Spoils: No each or construction materials are to be dragged or scraped across the roadway

pavement, and not excavated earth shall be placed or allowed to remain at a location where it

can be tracked on the roadway traveled way, or any public or private approach by the

permittee’s construction equipment, or by traffic entering or leaving the roadway traveled

way. Any excavated earth or mud so tracked onto the highway pavement or public or private

approach shall be immediately removed by the Permittee.

45. Maintain Surface: The Permittee shall maintain the surface over structures placed hereunder

as long as necessary.

46. In all cases earthwork will be constructed so as to positively prevent erosion onto City

roadways.

47. Protection of Traffic. The Permittee shall cause to be placed, erected, and maintained all

warning signals, lights, barricades, signs, and other devices or measures essential to

safeguard travel by the general public over and at the site of work authorized herein.

48. Pedestrian and Bicycle Safety. A safe minimum passageway of four (4) feet shall be

maintained through the area where pedestrian or bicycle facilities are existing. At no time

shall pedestrians be diverted onto a portion of the street in use for vehicular traffic.

49. Minimum Interference with Traffic. All work shall be planned and carried out so that there

will be the least possible inconvenience to the traveling public – traffic shall not be

unreasonably delayed.

50. Clean Up Right of Way. The Permittee shall, at all times, during the progress of the work

keep the roadway in as neat and clean a condition as is possible and upon completion of the

work granted herein, shall leave the right of way in a thoroughly neat, clean, and usable

condition.

51. Storage of Material. No matter shall be stored within eight (8) feet from the edge of

pavement or traveled way.

52. Borrow and Waste. Only such borrow and waste will be permitted and within the limits as

set forth on the face of this permit.

53. Care of Drainage. If the work contemplated shall interfere with the established drainage,

ample provision shall be made by the Permittee to provide for it as may be directed by the

Director of Public Works. All City cross drains shall be tunneled under without damage to

the cross drains.

54. Future Moving of Installation. It is understood by Permittee that whenever construction,

reconstruction or maintenance work on the right of way may require, the installation

provided for herein shall, upon request of the City, be immediately moved by, and at the sole

expense of, the Permittee.

55. Making Repairs. If the City shall so elect, repairs to paving which has been disturbed shall

be made by its employees and the expenses thereof shall be borne by the Permittee, who shall

purchase and deliver on the roadway the materials necessary for said work as directed by the

Director of Public Works. All payments to laborers, inspectors, etc., employed by the City

for or on account of the work herein contemplated, shall be made by said Permittee forthwith

on receipt of written statement approved by the Director of Public Works. The City may

elect to require a deposit before starting repairs, in an amount sufficient to cover the

estimated cost thereof.

56. Responsibility for Damage. The City of Mt. Shasta and all officers and employees thereof,

including but not limited to the City Manager and the Director of Public Works, shall not be

answerable or accountable in any manner for injury to or death of any person, including but

not limited to the permittee, persons employed by the permittee, persons acting on behalf of

the permittee, or for damage to property from any cause. The permittee shall be responsible

for any liability imposed by law and for injuries to or death of any person, including but not

limited to the permittee, persons employed by the permittee, persons acting on behalf of the

permittee, or for damage to property arising out of work, or other activity permitted and done

by the permittee under a permit, or arising out of the failure on the permittee’s part to

perform his obligations under any permit in respect to maintenance or any other obligations,

or resulting from defects or obstructions, or from any cause whatsoever during the progress

of the work, or other activity or at any subsequent time work or other activity is being

performed under the obligations provided by and contemplated by the permit.

The permittee shall indemnify and hold harmless the City of Mt. Shasta, all officers,

employees, and contractors, thereof, from all claims, suits or actions of every name, kind and

description brought for or on account of injuries to or death of any person, including but not

limited to the permittee, persons employed by the permittee, persons acting on behalf of the

permittee and the public, or damage to property resulting from the performance of work or

other activity under the permit, or arising out of the failure on the permittee’s part to perform

his obligations under any permit in respect to maintenance or any other obligations, or

resulting from defects or obstructions, or from any cause whatsoever during the progress of

the work, or other activity or at any subsequent time work or other activity is being

performed under the obligations provided by and contemplated by the permit; except as

otherwise provided by statute. The duty of the permittee to indemnify and hold harmless

includes the duties to defend as set forth in Section 2778 of the Civil Code. The permittee

waives any and all rights to any type of expressed or implied indemnity against the City, its

officers, employees, and contractors. It is the intent of the parties that the permittee will

indemnify and hold harmless the City, its officers, employees, and contractors, from any and

all claims, suits or actions as set forth above regardless of the existence of degree of fault or

negligence, whether active or passive, primary or secondary, on the part of the City, the

permittee, persons employed by the permittee, or acting on behalf of the permittee.

For purposes of this section, “contractors” shall include contractors and subcontractors under

contract to the City of Mt. Shasta performing work within the limits of this permit.

57. Cost of Work. Unless stated in the permit, or separate written agreement, all costs incurred

for work within the City rights of way pursuant to this encroachment permit shall be borne

entirely by the Permittee. Permittee hereby waives all claims for indemnification or

contribution from the City for any such work.

58. Maintenance. The Permittee agrees to exercise reasonable care to properly maintain this

encroachment and to exercise reasonable care in inspecting for and immediately repairing

and making good any injury to any portion of the roadway which occurs as a result of the

maintenance of the encroachment in the roadway or as a result of the work done under this

permit, including any and all injury to the roadway which would not have occurred had such

work not been done or such encroachment not placed therein. Maintenance shall include, but

not be limited to, cleaning and keeping free from debris all structures included as a part of

this encroachment.

59. Restoration. All pavement, curb, gutter, sidewalk, borrow ditches, pipes, headwalls, road

signs, trees, shrubbery, and/or other permanent road facilities impaired by or as a result of

construction operations at the construction site, or at other ground occupied by materials

and/or equipment, shall be restored immediately to a condition as good as or better than

existed prior to the construction.

60. Archaeological. Should any archaeological resources be revealed in the work vicinity, the

permittee is responsible for, notifying the Department’s Representative immediately,

retaining a qualified archaeologist who shall evaluate the archaeological site and make

recommendations to the Department Representative regarding the continuance of work.

61. No Precedent Established. This permit is issued with the understanding that it does not

establish a precedent.

62. Completion. Immediately following completion of construction permitted herein, Permittee

shall fill out and mail in “Notice of Completion Card” provided by the City.

63. The City will not be held responsible for any damage to any underground or other facilities

that have been caused during the course of the City’s normal maintenance procedures. The

City will not assume any responsibility, at any time, should any provisions of this permit not

be complied with.

64. City may impose conditions on the granting of a permit, the performance of which would be

required of the Permittee by the City.

SIDEWALK CLOSURES AND BYPASS WALKWAY

1. Additional advance warning may be necessary.

2. Only the traffic control devices controlling pedestrian flows are shown. Other devices

may be needed to control traffic on the streets. Use lane closure signing or ROAD

NARROWS signs, as needed.

3. Street lighting should be considered.

4. For nighttime closures, Type A flashing warning lights may be used on barricades

supporting signs and closing walkways. Type C steady-burn lights may be used on

channelizing devices separating the temporary walkway from vehicular traffic.

5. Where high speeds may be anticipated, use a barrier to separate the temporary walkway

from vehicular traffic.

6. Signs may be placed along a temporary walkway to guide or direct pedestrians. Examples

include KEEP RIGHT and KEEP LEFT signs.

SIDEWALK CLOSURES AND BYPASS WALKWAY